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2025 DAILYLAW 9869 (AP)

SANAMALA SIVA SUJITH KUMAR v. THE STATE OF ANDHRA PRADESH

CRLP/2366/2025 · 2025-03-06

Harinath N

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI THURSDAY, THE SIXTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 2366 OF 2025 Between: 1. Sanamala Siva Sujith Kumar, S/o.Sundhar Raju , ageD about 30 years, R/o.Pettishop and cool Drinks Shop, Main Road, Badvel Town, YSR Kadapa District. 2. Guduru Obaiah, S/o.Chinna Obaiah, aged about 35 years, R/o. Anjaneyanagar, Badvel Town, YSR Kadapa District. Rooparanipeta, ...Petitioners/Accused 1, 2 AND The State of Andhra Pradesh, Through the SHO of Badvel Urban P.S, YSR Kadapa District. Rep. by its Public prosecutor. High Court of Andhra Pradesh at Amaravathi. ...Respondent/Complainant Petition filed under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to quash the proceedings in charge sheet in S.C. No.263 of 2019 on the file of Court of Senior Civil Judge, at Badvel, YSR Kadapa District against the petitioners/accused 1 and 2 concern. I.A. NO: 1 OF 2025 Petition filed under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Criminal Petition, the High Court may be pleased to Stay the proceedings in charge sheet in S.C.No.263 of 2019 on the file of Court of Senior Civil Judge at Badvel, YSR Kadapa District against the petitioners/accused 1 and 2. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri D Kasi Rao, Advocate for the Petitioner and the Additional Public Prosecutor on behalf of the Respondent The Court made the following: , APHC010109912025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] THURSDAY, THE SIXTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 2366/2025 Between: Sanamala Siva Sujith Kumar and Others ...PETITIONER/ACCUSED{S) AND The State Of Andhra Pradesh Counsel for the Petltioner/accused(S): 1.D KASI RAO Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR ...RESPONDENT/COMPLAINANT 2 HN,J Crl.P.No.2366 of 2025 The Court made the following Order: Heard the learned counsel for the petitioners and the learned Additional Public Prosecutor for the respondent-State. The learned counsel for the petitioners submits that the petitioners are 2. arraigned as accused Nos.1 and 2 in S.C.No.263 of 2019 on the file of Senior Civil Judge Courts at Badvel, YSR Kadapa District. 3. It is alleged that the accused No.1 has purchased the prohibited noxious food items from accused No.2 and that they were selling the same without license to the public. 4. It is submitted that though the petitioners are charged with the offence of purchasing noxious food items and selling them without permission, the police have registered the case and filed charge sheet in Badvel Urban Police i Station in Crime No.Ill of 2019 for the offences under Sections 188, 272 273, 328 and Sections 57 & 58 r/w 26, 30 of Food Safety and Standards Act, 2006. The learned counsel for the petitioners submits that the police do not have the jurisdiction to register the case under the provisions of Penal Code 5. and that similar matters came up for consideration before this Court in the batch of quash petitions, which were decided by this Court in Criminal Petition No.3731 of 2018 and batch wc/e order dated 27.08.2018. f 3 HN,J CrLP.No.2366 of 2025 \ It is pertinent to note that, in the aforesaid common order dated 6. 27.08.2018, passed by this Court in Criminal Petition No.3731 of 2018 and batch, a detailed analysis of the similar issues has been carried out and the proceedings against the petitioners therein were quashed. In view of the same, the proceedings against the present petitioners are also liable to be quashed in terms of the above said common order. Accordingly, the Criminal Petition is allowed and the proceedings 7. against the petitioners herein/AI and A2 in S.C.No.263 of 2019 on the file of Senior Civil Judge Court, Badvel, YSR Kadapa District. As a sequel. Interlocutory Applications pending, if any, shall stand closed. Sd/- SHAIK MOHD. RAFI ASSISTANT REGISTRAR //TRUE COPY// ^ECTIO^OFFICER To, 1. The Civil Judge (Senior Division), Badvel, YSR Kadapa District. 2. The Station House Officer, Badvel Urban Police Station, YSR Kadapa District. 3. One CC to Sri D Kasi Rao, Advocate [OPUC] 4. Two CCs to Public Prosecutor, High Court of Andhra Pradesh [OUT] 5. Three CD Copies BSV sree f HIGH COURT DATED:06/03/2025 ORDER CRLP.No.2366 of 2025 5 2 5 MAR 2025 S ^ . Current Section . ^ ft ALLOWING THE CRIMINAL PETITION